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Williams v. Commonwealth

Facts:

The Commonwealth sought rehearing of the court judgment reversing the Circuit Court of Fairfax (Virginia), which convicted defendant of driving under the influence (DUI).

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Holdings:

The Virginia Court made the following holding:

Under Va. Code Ann. § 46.2-943, a defendant is entitled to a bifurcated trial in which his prior convictions will not be introduced until after a finding of guilt. Evidence of prior driving under the influence (DUI) convictions does not constitute the traffic record as contemplated by § 46.2-943 where the offense charged under Va. Code Ann. § 18.2-266 is a subsequent offense of DUI punishable under Va. Code Ann. § 18.2-270. Proof of such charge requires proof of prior DUI convictions.

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Va. Code Ann. § 18.2-266

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than:

(a) 0.02 milligrams of cocaine per liter of blood,

(b) 0.1 milligrams of methamphetamine per liter of blood,

(c) 0.01 milligrams of phencyclidine per liter of blood, or

(d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

For the purposes of this article, the term “motor vehicle” includes mopeds, while operated on the public highways of this Commonwealth.

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train

while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article,

while such person is under the influence of alcohol,

while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely

while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or

while such person has a blood concentration of any of the following substances at a level that is equal to or greater than:

(a) 0.02 milligrams of cocaine per liter of blood,

(b) 0.1 milligrams of methamphetamine per liter of blood,

(c) 0.01 milligrams of phencyclidine per liter of blood, or

(d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.

Va. Code Ann. § 18.2-266 DUI

Violation of this section

A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

Va. Code Ann. § 18.2-266 DUI

“motor vehicle”

For the purposes of this article, the term“motor vehicle” includes mopeds, while operated on the public highways of this Commonwealth.